Taxi Driver Online
http://www.taxi-driver.co.uk/phpBB2/

Criminal record for cabbie smoking alone in taxi
http://www.taxi-driver.co.uk/phpBB2/viewtopic.php?f=2&t=16455		 Page 1 of 2
Author:  Brummie Cabbie [ Sat Mar 26, 2011 12:23 pm ]
Post subject:  Criminal record for cabbie smoking alone in taxi
Halstead cabbie shocked to wind up in court for smoking

9:00am Saturday 26th March 2011

Taxi driver Brian Burrage says he was dumbfounded to find himself with a criminal record – for smoking while alone in his cab.

A court ordered self-employed Mr Burrage to pay a total of £230 in fines and court costs after Braintree Council officials caught him smoking in his taxi.

It was the third time the 77-year-old widower, who has been driving cabs for 30 years, had been caught flouting workplace smoking laws.

He said: “I was on my own and the window was open. What possible harm could it have done? It’s still amazing to think you can get a criminal record for that.”

Braintree Council officers spotted the great-grandfather, of Bouchier Way, Halstead, lighting up after dropping off a woman at Braintree station in his white Peugeot cab at 11.20pm on December 10.

Chelmsford Magistrates Court was told he had broken the law by smoking in a smoke-free place.

Mr Burrage was given fixed penalty notices last year after being caught smoking in his taxi, in Trinity Street, Halstead, on January 13 and near the town’s Co-op supermarket on September 24.

In court, his lawyer said: “He was alone when the offence occurred, driving back to the taxi rank in Halstead, and caused no harm or discomfort to any member of the public."

“He has pleaded guilty at the earliest opportunity.”

Mr Burrage, who did not appear in court in person, was fined £115, with £100 costs and a £15 victim surcharge.

After the hearing, he said: “I can’t argue against the law because for what it was designed for, it is good. You don’t want to get into a smoke-filled cab or have a driver smoking."

“But I never expected the council to treat me this seriously, especially considering I haven’t done anyone any harm.”

Source; http://www.halsteadgazette.co.uk/news/8 ... r_smoking/
Author:  Brummie Cabbie [ Sat Mar 26, 2011 12:24 pm ]
Post subject: 
Persistent offender; prison next time!!!
Author:  gusmac [ Sat Mar 26, 2011 4:08 pm ]
Post subject: 
As the government and tobacco companies benefit greatly by this illegality, perhaps they should be appearing as accomplices?
Author:  wannabeeahack [ Sat Mar 26, 2011 4:32 pm ]
Post subject: 
glad i dont smoke
Author:  jimbo [ Sun Mar 27, 2011 8:33 am ]
Post subject: 
Why did he not just pay the fixed penalty?
Author:  Brummie Cabbie [ Sun Mar 27, 2011 11:38 am ]
Post subject: 
jimbo wrote:
Why did he not just pay the fixed penalty?

I'm guessing that because it was his third offence, the 'powers that be' decided to prosecute as well.
Author:  grandad [ Sun Mar 27, 2011 12:12 pm ]
Post subject:  Re: Criminal record for cabbie smoking alone in taxi
Brummie Cabbie wrote:


It was the third time the 77-year-old widower, who has been driving cabs for 30 years, had been caught flouting workplace smoking laws.

He said: “I was on my own and the window was open. What possible harm could it have done? It’s still amazing to think you can get a criminal record for that.”



When you got the 2 previous fines, was it not ever mentioned that eventually you would end up in court. :roll:
Author:  Brummie Cabbie [ Sun Mar 27, 2011 12:16 pm ]
Post subject:  Re: Criminal record for cabbie smoking alone in taxi
grandad wrote:
Brummie Cabbie wrote:
It was the third time the 77-year-old widower, who has been driving cabs for 30 years, had been caught flouting workplace smoking laws.

He said: “I was on my own and the window was open. What possible harm could it have done? It’s still amazing to think you can get a criminal record for that.”

When you got the 2 previous fines, was it not ever mentioned that eventually you would end up in court. :roll:

I don't suppose he would have ended up in Court, unless legislation allowed for it!!

And, as we all know, ingnorance of the law is no excuse.
Author:  wannabeeahack [ Sun Mar 27, 2011 12:18 pm ]
Post subject:  Re: Criminal record for cabbie smoking alone in taxi
Brummie Cabbie wrote:
grandad wrote:
Brummie Cabbie wrote:
It was the third time the 77-year-old widower, who has been driving cabs for 30 years, had been caught flouting workplace smoking laws.

He said: “I was on my own and the window was open. What possible harm could it have done? It’s still amazing to think you can get a criminal record for that.”

When you got the 2 previous fines, was it not ever mentioned that eventually you would end up in court. :roll:

I don't suppose he would have ended up in Court, unless legislation allowed for it!!

And, as we all know, ingnorance of the law is no excuse.[/quote]


no, but the law still has to prove "intent" (to commit an offence), simply committing it is not sufficient
Author:  sasha [ Sun Mar 27, 2011 4:03 pm ]
Post subject:  Re: Criminal record for cabbie smoking alone in taxi
wannabeeahack wrote:
no, but the law still has to prove "intent" (to commit an offence), simply committing it is not sufficient

The intent is by having smoking materials within the vehicle. (I've been getting very legal eagle recently !!)

Wonder if anyone in these cases has bothered to check whether the person witnessing the offence is a named authorised person ? The prosecuting authority has to have a list of persons (by name, not just 'anyone in the licensing section') authorised to issue smoking fines, many just presume anyone in the licensing/environmental health depts can do so. And also only one delegated authority can issue the fines, so if its down to the LA to issue fines then the police in that area cannot, and vice versa.

Also have they checked for corrobarating evidence ? Does it need two officers to witness the offence or is it enough to take the word of one officer without video or photographic proof, what if the officer has it in for the driver and just decides to make something up ?
Author:  Sussex [ Sun Mar 27, 2011 5:16 pm ]
Post subject: 
jimbo wrote:
Why did he not just pay the fixed penalty?

Because like many smokers, but certainly not all, he thinks he is immune and selfish.

Until they die a painful death that is.
Author:  Brummie Cabbie [ Mon Mar 28, 2011 6:38 am ]
Post subject:  Re: Criminal record for cabbie smoking alone in taxi
wannabeeahack wrote:
no, but the law still has to prove "intent" (to commit an offence), simply committing it is not sufficient

Now let's see if there was intent in this case!!

Driver knows it is illegal to smoke in licensed vehicle.
Driver has been done twice before.
So driver is now sure that it is illegal to smoke in licensed vehicle.
Fags in pocket or onboard.
Lighter in pocket or on board.
Driver drops off passnger and is gasping for a fag.
Driver gets a fag out.
Driver puts fag in gob.
Diver thinks 'F*ck it, I've been done twice, lightning can't strike a third time!'
Driver lights fag.
Driver takes a puff on fag and says "Aaahhh that's nice."
Official sees miscreant driver smoking and thinks, 'Aaaahhhh that's nice, I'll do him for a third time!'
Author:  gusmac [ Mon Mar 28, 2011 3:45 pm ]
Post subject: 
Possesion of fags and lighter does not, in itself, establish an intent to break the law , even with previous for doing it.
He could have been intending to get out of the vehicle before lighting up.

BTW, what council official has the right to search anyone or their vehicle for smoking materials?

Also, how does anyone distinguish this
Image
from these?
Image
Unless they are in the vehicle with the smoker? :wink:
Author:  Ears1096 [ Mon Mar 28, 2011 3:53 pm ]
Post subject: 
The one at the top doesn't shrink in size and get thrown out of the window!! :)
Author:  Sussex [ Mon Mar 28, 2011 5:30 pm ]
Post subject: 
Ears1096 wrote:
The one at the top doesn't shrink in size and get thrown out of the window!! :)

And doesn't kill you.
Page 1 of 2 All times are UTC [ DST ]
Powered by phpBB® Forum Software © phpBB Group
http://www.phpbb.com/